NY CLS Penal § 250.40 (2007)
§ 250.40. [.] [n1]Unlawful surveillance; definitions
The following definitions shall apply to sections 250.45, 250.50, 250.55 and
250.60 of this article:
1. "Place and time when a person has a reasonable expectation of privacy" means
a place and time when a reasonable person would believe that he or she could
fully disrobe in privacy.
2. [Until Nov 1, 2007] "Imaging device" means any mechanical, digital or
electronic viewing device, camera or any other instrument capable of recording,
storing or transmitting visual images that can be utilized to observe a person.
2. [Eff Nov 1, 2007] "Imaging device" means any mechanical, digital or
electronic viewing device, camera, cellular phone or any other instrument
capable of recording, storing or transmitting visual images that can be utilized
to observe a person.
3. "Sexual or other intimate parts" means the human male or female genitals,
pubic area or buttocks, or the female breast below the top of the nipple, and
shall include such part or parts which are covered only by an undergarment.
4. "Broadcast" means electronically transmitting a visual image with the intent
that it be viewed by a person.
5. "Disseminate" means to give, provide, lend, deliver, mail, send, forward,
transfer or transmit, electronically or otherwise to another person.
6. "Publish" means to (a) disseminate, as defined in subdivision five of this
section, with the intent that such image or images be disseminated to ten or
more persons; or (b) disseminate with the intent that such images be sold by
another person; or (c) post, present, display, exhibit, circulate, advertise or
allows access, electronically or otherwise, so as to make an image or images
available to the public; or (d) disseminate with the intent that an image or
images be posted, presented, displayed, exhibited, circulated, advertised or
made accessible, electronically or otherwise and to make such image or images
available to the public.
7. "Sell" means to disseminate to another person, as defined in subdivision five
of this section, or to publish, as defined in subdivision six of this section,
in exchange for something of value.
NY CLS Penal § 250.45 (2007)
§ 250.45. [.] [n1]Unlawful surveillance in the second degree
A person is guilty of unlawful surveillance in the second degree when:
1. For his or her own, or another person's amusement, entertainment, or profit,
or for the purpose of degrading or abusing a person, he or she intentionally
uses or installs, or permits the utilization or installation of an imaging
device to surreptitiously view, broadcast or record a person dressing or
undressing or the sexual or other intimate parts of such person at a place and
time when such person has a reasonable expectation of privacy, without such
person's knowledge or consent [fig 1] ; or
2. For his or her own, or another person's sexual arousal or sexual
gratification, he or she intentionally uses or installs, or permits the
utilization or installation of an imaging device to surreptitiously view,
broadcast or record a person dressing or undressing or the sexual or other
intimate parts of such person at a place and time when such person has a
reasonable expectation of privacy, without such person's knowledge or consent
[fig 1] ; or
3. (a) For no legitimate purpose, he or she intentionally uses or installs, or
permits the utilization or installation of an imaging device to surreptitiously
view, broadcast or record a person in a bedroom, changing room, fitting room,
restroom, toilet, bathroom, washroom, shower or any room assigned to guests or
patrons in a motel, hotel or inn, without such person's knowledge or consent.
(b) For the purposes of this subdivision, when a person uses or installs, or
permits the utilization or installation of an imaging device in a bedroom,
changing room, fitting room, restroom, toilet, bathroom, washroom, shower or any
room assigned to guests or patrons in a hotel, motel or inn, there is a
rebuttable presumption that such person did so for no legitimate purpose [fig 1]
; or
4. Without the knowledge or consent of a person, he or she intentionally uses or
installs, or permits the utilization or installation of an imaging device to
surreptitiously view, broadcast or record, under the clothing being worn by such
person, the sexual or other intimate parts of such person.
Unlawful surveillance in the second degree is a class E felony.
NY CLS Penal § 250.50 (2007)
§ 250.50. [.] [n1]Unlawful surveillance in the first degree
A person is guilty of unlawful surveillance in the first degree when he or she
commits the crime of unlawful surveillance in the second degree and has been
previously convicted within the past ten years of unlawful surveillance in the
first or second degree.
Unlawful surveillance in the first degree is a class D felony.
NY CLS Penal § 250.55 (2007)
§ 250.55. [.] [n1]Dissemination of an unlawful surveillance image in the second
degree
A person is guilty of dissemination of an unlawful surveillance image in the
second degree when he or she, with knowledge of the unlawful conduct by which an
image or images of the sexual or other intimate parts of another person or
persons were obtained and such unlawful conduct would satisfy the essential
elements of the crime of unlawful surveillance in the first or second degree,
intentionally disseminates such image or images.
Dissemination of an unlawful surveillance image in the second degree is a class
A misdemeanor.
NY CLS Penal § 250.60 (2007)
§ 250.60. [.] [n1]Dissemination of an unlawful surveillance image in the first
degree
A person is guilty of dissemination of an unlawful surveillance image in the
first degree when:
1. He or she, with knowledge of the unlawful conduct by which an image or images
of the sexual or other intimate parts of another person or persons were obtained
and such unlawful conduct would satisfy the essential elements of the crime of
unlawful surveillance in the first or second degree, sells or publishes such
image or images [fig 1] ; or
2. Having created a surveillance image in violation of section 250.45 or 250.50
of this article, or in violation of the law in any other jurisdiction which
includes all of the essential elements of either such crime, or having acted as
an accomplice to such crime, or acting as an agent to the person who committed
such crime, he or she intentionally disseminates such unlawfully created image
[fig 1] ; or
3. He or she commits the crime of dissemination of an unlawful surveillance
image in the second degree and has been previously convicted within the past ten
years of dissemination of an unlawful surveillance image in the first or second
degree.
Dissemination of an unlawful surveillance image in the first degree is a class E
felony.
NY CLS Penal § 250.65 (2007)
§ 250.65. [.] [n1]Additional provisions
1. The provisions of sections 250.45, 250.50, 250.55 and 250.60 of this article
do not apply with respect to any: (a) law enforcement personnel engaged in the
conduct of their authorized duties; (b) security system wherein a written notice
is conspicuously posted on the premises stating that a video surveillance system
has been installed for the purpose of security; or (c) video surveillance
devices installed in such a manner that their presence is clearly and
immediately obvious.
2. With respect to sections 250.55 and 250.60 of this article, the provisions of
subdivision two of section 235.15 and subdivisions one and two of section 235.24
of this chapter shall apply.